§ 2-373. Mandatory oversight by the monitor's office.

(a)

The monitor's office shall actively monitor and participate in any criminal investigation of the incidents set forth below when the investigation is conducted by any law enforcement agency of the City and County of Denver. For criminal investigations conducted by the Denver district attorney or law enforcement agencies of any other jurisdiction, the monitor's office shall actively monitor and participate in such investigations to the extent permitted by the agency. In addition, the police, sheriff, or fire internal affairs bureaus ("IAB") shall investigate any incident set forth below and the monitor's office shall actively monitor and participate in such IAB investigations:

(1)

Any shooting involving uniformed personnel, whether duty related or not;

(2)

Any in-custody death;

(3)

Any duty-related incident during which, or as a result of which, anyone dies or suffers serious bodily injury as that term is defined in C.R.S. § 18-1-901(3)(p), as it may be amended from time to time;

(4)

Any incident whether or not duty related, in which police or sheriff department uniformed personnel is under investigation for, or charged by, any jurisdiction with a felony;

(5)

Any incident, whether or not duty-related, in which police or sheriff department uniformed personnel is under investigation for, or charged with, any crime set forth in C.R.S. tit. 18, art. 3 (offenses against the person, which includes homicide, assault, kidnapping, and unlawful sexual behavior) as they may be amended from time to time; or

(6)

Any incident, whether or not duty-related, in which police or sheriff department uniformed personnel is under investigation for, or charged by, any jurisdiction with a misdemeanor or local law violation in which a use of force (defined as assaulting, beating, striking, fighting, or inflicting violence on a person) or threatened use of force is an element of the offense.

(b)

With respect to paragraphs (4), (5), and (6) of subsection (a), if no criminal charges are filed subsequent to an investigation or such criminal charges are dismissed, the monitor's office shall nevertheless have the discretion to monitor any internal investigation arising from the subject incident.

(c)

Any uniformed personnel involved in any of the incidents described in subsections (4), (5), or (6) of subsection (a) shall self-report such involvement to the monitor's office and the manager of safety within three (3) business days of becoming aware that he or she is under investigation for, or charged with, any of the designated offenses.

(d)

In addition, the monitor's office shall monitor any other internal investigation of possible misconduct by uniformed personnel when requested to do so by the board or manager of safety. The board or manager of safety shall advise the monitor's office of the reasons why the board or the manager of safety believes the monitor's office should monitor the investigation. Within three (3) business days of determining to monitor an investigation or of receiving the request from the board or the manager of safety, the monitor's office shall advise the department of safety, police, sheriff's, or fire's IAB only that the monitor's office will monitor the investigation pursuant to this paragraph.

(e)

The department of safety, police, sheriff's, or fire IAB shall forward to the monitor's office, the board, and the manager of safety:

(1)

Within three (3) business days of opening a new internal investigation, information regarding that investigation; and

(2)

Within three (3) business days of closing an IAB case where no disciplinary action was taken, information regarding that investigation.

(f)

Upon a request by the board or the manager of safety, the monitor's office shall review closed IAB cases in which the IAB investigation has already been completed and the monitor's office did not monitor the investigation. For purposes of this article "closed IAB cases" means cases in which IAB has completed its investigation and either:

(1)

The case was pending before the PSRC on May 2, 2005; or

(2)

A complaint regarding the matter was filed with IAB, the monitor's office, or the citizen oversight board on or after November 2, 2004, and no complaint alleging the same alleged misconduct had previously been filed.

Based upon that review, the monitor's office may conduct additional investigation. The monitor's office may also make any recommendations to the manager of safety regarding the sufficiency of the investigation, determinations as to whether department rules or policies have been violated, and the appropriateness of disciplinary sanctions, if any. The board may also review citizen complaints for which the monitor did not monitor the investigation and for which the outcomes were unfounded, exonerated, or not sustained. Those complaints reviewed by the board may be referred back to the appropriate department with recommendations from the board pertaining to the outcome of that particular complaint and/or with recommendations pertaining to the department's policies and procedures. For purpose of this article, "unfounded" means the complaint was not based on facts, as shown by the investigation, or the alleged violation or action did not occur; "exonerated" means the alleged action did occur, but the action was reasonable, lawful, and proper; and "not sustained" means insufficient evidence is available to either prove or disprove the allegation.

(g)

The department of safety, police or sheriff department shall as soon as practicable notify the monitor, or the monitor's designee if the monitor is unavailable, upon becoming aware of:

(1)

An incident described in subsection 2-373(a); or

(2)

An incident, whether or not duty-related, in which a police or sheriff department uniformed personnel is under investigation for, or charged by, a jurisdiction with a misdemeanor or felony.

(Ord. No. 730-04, § 1, 10-4-04; Ord. No. 29-19, § 1, 2-19-19)